For years, Johnson & Johnson has faced personal injury claims filed by people diagnosed with malignant mesothelioma and ovarian cancer who blame talc in the company’s cosmetic products for their illness. With 40,000 claims pending, the company pursued a controversial legal strategy: they transferred all liability for their talc-based products to a new subsidiary, then had the subsidiary file for bankruptcy protection. This week that subsidiary took another aggressive step: they filed a disparagement lawsuit against Dr. Jacqueline Miriam Moline, a top mesothelioma expert who frequently testifies against them.
Consumer Giant Points to Articles About Mesothelioma’s Link to Talc
Dr. Moline frequently acts as an expert witness in mesothelioma lawsuits and other claims involving exposure to asbestos. She is an Occupational Medicine Specialist and Professor of Occupational Medicine, Epidemiology and Prevention and Internal Medicine, as well as a department chair at the Donald & Barbara Zucker School of Medicine at Hofstra/Northwell. She is also Director of the Northwell Health Queens World Trade Center Health Program and Director of the New York State funded Occupational and Environmental Medicine of Long Island Clinical Center.
Johnson & Johnson’s subsidiary LTL Management has filed suit against Dr. Moline, saying she published an article claiming that 33 individuals who used their talc powder developed malignant mesothelioma and had no other potential exposure to asbestos. Their claim says that Dr. Moline knew that this claim was false when she made it, and that she did so “for her own personal aggrandizement and gain.” They argue that her statements have caused the company significant ongoing harm and are seeking compensation for their commercial, reputational, and financial losses.
Lawsuit Decries Expert Witness’ Role in Mesothelioma Lawsuits
Many mesothelioma victims and ovarian cancer victims have relied upon Dr. Moline to help support their quest for justice against companies that have exposed them to asbestos. As these victims have been awarded large damage awards by juries, companies have responded in a variety of ways: before its bankruptcy maneuver, Johnson & Johnson stopped using talc in its products.
While she is a hero to asbestos advocates, the 54-page claim is asking the court to respond to Dr. Moline’s mesothelioma article by awarding LTL with special, compensatory, and punitive money damages, accusing her of injurious falsehood and product infringement, fraud, and other damages. It remains to be seen how the court will respond.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to provide you with the resources you need. Contact us today at 1-800-692-8608.
